2003-060 Golf Ball Retrieval Agrmnt. w/East Coast•
RESOLUTION 60-2003
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A CONCESSION AGREEMENT WITH EAST COAST GOLF
BALL COMPANY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE
PURPOSE OF SECURING SERVICES FOR RECOVERY OF GOLF BALLS FROM ALL
WATER HAZARDS ON THE VILLAGE GOLF COURSE; AND, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the concession agreement with East Coast Golf Ball Company attached as Exhibit "A",
which agreement is for the purpose of securing services for recovery of golf balls from all water
hazards on the Village golf course.
Section 2. The Village Council does hereby authorize and direct the Mayor and Village
Clerk to execute the concession agreement for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 13th DAY OF NOVEMBER, 2003.
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A
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CONCESSION AGREEMENT
•
THIS CONCESSION AGREEMENT ("Agreement") is entered into by and between EAS"f
COAST GOLF BALL COMPANY (EAST COAST) and VILLAGE OF NORTH PALM BEACH
(VILLAGE), a municipal corporation, the owner and operator of the North Palm Beach Country
Club Golf Course located at 951 U. S. Highway One, North Palm Beach, Florida 33408.
During the term of this Agreement, VILLAGE hereby grants to EAST COAST the
sole and exclusive rights to recover golf balls from all water ha2ards on the golf
course. EAST COAST shall exercise its rights under this Concession Agreement so
as not to interfere with golfers and golf course employees.
2. In exchange for these rights, EAST COAST agrees to provide the VILLAGE:
a) EAST COAST shall pay VILLAGE the sum of Twenty-four Hundred
($2,400.00) Dollars, which will be paid in four (4) quarterly payments of Six
Hundred ($600.00) Dollars starting ten (10) days from date of full execution
of this agreement.
The term of this AGREEMENT ("Term") shall be one (1) year commencing upon
the date of full execution of this Agreement unless earlier terminated as hereinafrer
provided in this Agreement. Upon the written request of EAST COAST to extend
this contract for an additional year, VILLAGE, in its sole discretion, shall have the
right to grant or deny the one (1) year extension to EAST COAST. EAST COAST
must furnish its written request for extension no later than thirty (30) days prior to the
expiration of this agreement. Any extension granted by the VILLAGE shall be upon
the same terms and provisions as set forth in this agreement.
Either party to this Agreement may terminate the Concession Agreement with or
without cause upon thirty (30) days written notice to the other. If this Agreement is
terminated by either party, then VILLAGE shall be paid for golf ball retrievals to the
dare cf termination.
If EAST COAST fails to make any required payment within fifteen (15) days from
the due date, the same shall constitute adefault, and VILLAGE, at its discretion, shall
have the right to immediately terminate the contract and exercise any and all other
rights and remedies available to it by law.
6. This contract is not assignable by EAST COAST.
7. EAST COAST shall maintain and provide the VILLAGE with evidence of workers'
• compensation insurance providing Florida statutory limits to cover all employees and
include employers liability coverage with limits of not less than $500,000.00 per
accident or disease. The policy shall also provide the VILLAGE with thirty(30)days
written notice of cancellation or non-renewal.
• 8. EAST COAST shall maintain and provide the V[LLAGE with evidence of
commercial general liability insurance and property damage insurance in an amount
not less than 51,000,000.00. The policy shall also provide the VILLAGE with a
thirty (30) day written notice of cancellation or non-renewal and include the
VILLAGE as an additional insured.
9. EAST COAST agrees to indemnify and save and hold VILLAGE harmless at all
times during the effective date of this Agreement against and in respect of all
liabilities, claims, damages, deficiencies, actions, proceedings,judgments, costs and
expenses, including a reasonable attorney's fee at the trial and appellate level incident
to or as a result of EAST COAST's conduct of business under this Concession
Agreement.
10. In any litigation between the parties in regards to this Agreement, the prevailing party
in such litigation shall be entitled to recover from the non-prevailing party a
reasonable attorney's fees and all costs of litigation both at the trial and appellate
level.
11. This Agreement constitutes the entire agreement between the parties and supercedes
all prior agreements, written or oral, with respect to the subject matter of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year set forth below.
EAST COAST GOLF BALL COMPANY
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By ~~-°-~_
VILLAGE OF NORTH PALM BEACH
By:
DATF,D: ; dog. ember C~7 , 2003
Atiest:
i
~ ~ J'.i ~i' L/~~
/. ~ ,
-'~ Village Clerk
• Village\Conccssion-agree-03
DATED: November /3~J , 2003